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(영문) 서울중앙지방법원 2016.05.03 2015가단169065
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s mother C, KRW 10 million on March 10, 2012, and January 9, 2013, and the same year.

5. Each of the 31. 31. The Plaintiff lent KRW 50 million to 20 million. Since then, the Plaintiff stated that “the above KRW 50 million shall be repaid each month from May 30, 2015 to June 30, 2019,” and that “the above KRW 50 million shall be repaid each month from May 30, 2015 to June 30, 2019,” and that the Defendant and C’s seal affixed with the Defendant and C’s seal were delivered with the loan certificate (Evidence A No. 1) on March 13, 2015, or there is no dispute between the parties, or it is recognized that the purport of the entire pleadings and the entire pleadings is added to the testimony of the Defendant and C.

2. Determination

A. The Plaintiff’s assertion agreed to pay the said money by granting the Plaintiff the said loan certificate to the Plaintiff via C around March 13, 2015, and the Defendant is obliged to pay the said money and the damages for delay.

B. The judgment is examined as follows: (a) the following stamp image after the defendant's name in Gap evidence Nos. 1 (co. 1) is based on the defendant's seal; (b) on the other hand, the following circumstances acknowledged by Eul evidence Nos. 1 through 4, Eul evidence Nos. 2 through 4, witness C, and D's testimony and evidence, i.e., the above loan certificate was not made at the time when Eul borrowed money from the plaintiff; (c) the defendant's criminal complaint against Eul was made after the above loan certificate was prepared, and there is no reason for the defendant to prepare the above loan certificate; (b) the contents of the above loan certificate appears to have been prepared by Eul; (c) the plaintiff or his spouse did not directly confirm whether the above loan certificate was prepared to the defendant at the time of issuance of the above loan certificate; and (d) as the plaintiff and D demanded that the above loan certificate be notarial to Eul after issuance of the above loan certificate, the defendant's arbitrary seal of the loan certificate was signed and sealed by C.

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